Terms and Conditions

MORNING CONSULT®
TERMS AND CONDITIONS OF USE


Table of Contents


INTRODUCTION

Welcome and thank you for visiting. Please read these Terms and Conditions of Use (the “Terms”) before using morningconsult.com. These Terms govern your access to and use of the morningconsult.com website, our email newsletters, social media pages, mobile and other applications owned and operated by us, and any other services associated therewith (“MC Media”). MC Media is provided to you by The Morning Consult LLC (“Morning Consult” (or “we” or “us” or “our”)). These Terms constitute a binding legal contract between you and Morning Consult. By using MC Media, you accept these Terms.

Please review these Terms each time you access or use MC Media as they are subject to change. You agree that we may notify you of modified Terms by posting them on MC Media, and that your continued use of MC Media after such notice constitutes your agreement to the modified Terms. Morning Consult reserves the right to deny access to MC Media, or any service provided via MC Media, to anyone who violates these Terms or who, in Morning Consult’s sole judgment, interferes with the ability of others to enjoy MC Media, or infringes the rights of others. When using MC Media, you will be subject to any posted terms or guidelines applicable thereto, and any other terms or conditions applicable to services provided by or in conjunction with any of Morning Consult’s content and service partners. 

INTELLECTUAL PROPERTY RIGHTS

Limited License. The materials available on or through MC Media are owned by and proprietary to Morning Consult, its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may use MC Media, and materials on MC Media, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not decompile, create derivative works of, or reverse engineer any part of MC Media. You may not otherwise download, republish, retransmit, modify, publicly display, store, transmit, or reproduce any of the materials made available on or through MC Media (including any video or still photographs) without the prior written consent of the owner. You may not distribute copies of materials found on MC Media in any form (including by email or other electronic means) without prior written permission from the owner. Unless we have granted you licenses to our intellectual property, our providing you with MC Media does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Trademarks. Morning Consult trademarks, service marks, logos, slogans, designs, product and service names, and other corporate indicia (“MC Name Property”) are the property of Morning Consult and its affiliates. You agree not to display or use in any manner any MC Name Property without Morning Consult’s prior written permission.

Links. You may establish a hypertext link to MC Media so long as the link does not state or imply any Morning Consult sponsorship of or affiliation with your site.

Framing and Inlining. You may not, without Morning Consult’s prior written permission, frame or inline any of the content of MC Media, or incorporate into another website or other service any material, content or intellectual property belonging to Morning Consult, any affiliate companies, or any of their respective licensors.

Copyrighted Materials Accessible Through Morning Consult. Some copyrighted materials that are not owned by Morning Consult may be accessible through MC Media. The following provision applies to all visitors (which shall include, without limitation, persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing MC Media, you specifically acknowledge and agree that copyrighted text, photo, design, graphic, audio, or video material, and the selection and arrangement thereof, is owned or licensed by Morning Consult, with all rights reserved, or is the property of third parties protected by intellectual property rights and shall not be reproduced, published, broadcasted, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium without the express, prior written consent of the owner. 

MORNING CONSULT SUBSCRIPTION

To access MC Media or receive certain content made available on or through MC Media, we may ask you to subscribe by providing personal information such as your name, job title, organizational affiliation, and email address. You agree that you will register only if you are 13 years of age or older. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form. If Morning Consult has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Morning Consult reserves the right to suspend or terminate your account and refuse any and all current or future use by you of MC Media (or any portion thereof). Morning Consult’s use of any personal information you provide to Morning Consult as part of the subscription process is governed by the terms of Morning Consult’s Privacy Policy.

MODIFICATIONS TO MC MEDIA

Morning Consult reserves the right at any time and from time to time to (1) modify or discontinue, temporarily or permanently, MC Media (or any part thereof) with or without notice, including, but not limited to restricting or terminating anyone’s right to use the MC Media, with or without notice, (2) charge fees in connection with the use of all or part of the MC Media, (3) modify and/or waive any fees charged in connection with the MC Media, and/or (4) offer opportunities to some or all users of MC Media. You agree that Morning Consult and its affiliates shall not be liable to you or to any third party for any reason whatsoever in connection with any modification, suspension, or discontinuance of MC Media (or access thereto), in whole or in part, or of any service, content or feature offered through the MC Media.

TERMINATION

You agree that, at Morning Consult’s sole discretion, Morning Consult may at any time terminate your access to and use of MC Media (or any portion thereof), for any reason, including, without limitation, for lack of use, or if Morning Consult believes that you have violated or acted inconsistently with the letter or spirit of these Terms or applicable law. You agree that Morning Consult and its affiliates shall not be liable to you or any third party for any reason whatsoever in connection with any termination of your access to and use of MC Media.

THIRD PARTY SITES

MC Media may provide, or third parties may provide, links to other web sites or resources. Because Morning Consult has no control over such sites and resources, you acknowledge and agree that Morning Consult is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, including, without limitation, advertising, products, materials, goods or other services on or made available through such sites or resources. You further acknowledge and agree that Morning Consult (including its affiliates) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, including without limitation, advertising, products, materials, goods or other services on or made available through any such site or resource.

GENERAL PRACTICES REGARDING CONTENT

You acknowledge that Morning Consult may establish general practices, limits and restrictions concerning access to and use of MC Media. Morning Consult assumes no responsibility or liability for the deletion, corruption, or loss of any content, and the malfunctioning of any network, hardware, or software. Morning Consult reserves the right to change these general practices, limits and restrictions at any time, in Morning Consult’s sole discretion, with or without notice.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via MC Media in a manner that constitutes copyright infringement, please inform Morning Consult’s designated copyright agent by sending written notice by U.S. Mail to Morning Consult, Attn.: Legal, 729 15th Street NW, Washington, DC 20005 or by email to copyright@morningconsult.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on MC Media; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.

DISCLAIMERS

No Warranties. YOUR ACCESS TO AND USE OF MC MEDIA IS AT YOUR SOLE RISK. MC MEDIA AND ALL MATERIALS, CONTENT, PRODUCTS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MORNING CONSULT AND MORNING CONSULT’S AFFILIATES, AND THEIR RESPECTIVE AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT OR REPRESENT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, RELIABILITY, QUALITY, AVAILABILITY, SECURITY, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE OF MC MEDIA OR THE MATERIALS, CONTENT, PRODUCTS, INFORMATION AND SERVICES AVAILABLE THROUGH MC MEDIA. MORNING CONSULT DOES NOT GUARANTEE THAT THE MATERIALS, CONTENT, PRODUCTS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MORNING CONSULT MAKES NO WARRANTY OR REPRESENTATION THAT (1) MC MEDIA WILL MEET YOUR REQUIREMENTS, (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MC MEDIA WILL BE ACCURATE OR RELIABLE, (3) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MC MEDIA WILL MEET YOUR EXPECTATIONS, OR (4) ANY ERRORS IN MC MEDIA WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIALS, CONTENT, PRODUCTS, INFORMATION OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MC MEDIA IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR EXPRESS WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity. You agree to defend, indemnify and hold Morning Consult, its licensors, its partners, and the affiliates, directors, officers, agents, representatives, employees, successors and assigns of each (the “Indemnitees”) harmless from and against any claim or demand, including any and all losses, damages, liabilities, costs and expenses related thereto (including reasonable attorneys’ fees and expenses), made by any third party due to, in connection with or arising out of your use of MC Media, your violation of these Terms, or your violation of any rights of another person.

Limitation of Liability. UNDER NO CIRCUMSTANCES, WHETHER AN ACTION IS IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, AND REGARDLESS OF THE THEORY OF LIABILITY, SHALL ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR IF SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE), RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, MC MEDIA OR (B) ANY MATERIALS, CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH MC MEDIA. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE INDEMNITEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

PRIVACY

The privacy of the users of MC Media is of the highest importance to Morning Consult. Please review Morning Consult’s Privacy Policy for details. We evaluate the Privacy Policy periodically in light of changing business practices, technology and legal requirements. As a result, we may update the Privacy Policy from time to time. We will notify you about material changes to the Privacy Policy by placing a notice on our website.

MISCELLANEOUS

These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws provisions. By using MC Media, you agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia in all disputes arising out of or relating to these Terms, the Privacy Policy, or use of MC Media, and you hereby waive any objections based upon the jurisdiction, forum or venue of such courts. These Terms and the Privacy Policy set forth the entire understanding between you and Morning Consult with respect to your use of MC Media, and supersedes any prior agreements, proposals or representations, written or oral, or other understandings among you and Morning Consult with respect to the subject matter hereof, and neither you or Morning Consult will be bound by any conditions, inducements or representations other than as expressly contemplated by these Terms and the Privacy Policy. If any supplemental or additional terms and conditions (to the extent applicable to your access to and use of the MC Media) are set forth in any section or portion of the MC Media (“Supplemental Terms”), such Supplemental Terms shall apply in addition to these Terms, and in the event of any conflict between these Terms and the Supplemental Terms, these Terms shall govern. Morning Consult’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MC Media, the Privacy Policy or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that these Terms and any other agreement referenced herein may be assigned by Morning Consult in its sole discretion to a third party in the event of a merger or acquisition. You agree that by accepting these Terms you are consenting to the use and disclosure of your personal information and other practices described in our Privacy Policy. By using the MC Media, you consent to receive from Morning Consult all communications including notices, agreements, legally required disclosures or other information in connection with MC Media (“Contract Notices”) electronically. Morning Consult may provide such electronic Contract Notices by posting them on MC Media. You assume all knowledge of applicable law and are responsible for compliance with such laws. You may not use MC Media in any way that violates applicable state, federal or international laws, regulations or other government requirements. We may modify these Terms at any time by posting a revised version on this website. In the event Morning Consult does update these Terms, the modified Terms will be effective immediately upon being posted. Your continued use of the MC Media after Morning Consult modifies these Terms shall constitute your agreement to be bound by these Terms as modified. It is your responsibility to review these Terms each time you access or use MC Media. If you choose not to accept any modifications hereto, your only recourse is to stop using the MC Media. 

Last Updated: July 31, 2020

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